[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17903-17910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5045]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo of Santa Ana Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Pueblo of Santa Ana Liquor 
Ordinance. The Ordinance regulates and controls the possession, sale 
and consumption of liquor within the Pueblo of Santa Ana Indian 
Reservation. The Reservation is located on trust land and this 
Ordinance allows for possession and sale of alcoholic beverages within 
the exterior boundaries of the Pueblo of Santa Ana Indian Reservation. 
This Ordinance will increase the ability of the tribal government to 
control the community's liquor distribution and possession, and at the 
same time will provide an important source of revenue for the continued 
operation and strengthening of the tribal government and the delivery 
of tribal services.

DATES: Effective Date: This Ordinance is effective on April 7, 2006.

FOR FURTHER INFORMATION CONTACT: Iris A. Drew, Tribal Government 
Services Officer, Southwest Regional Office, 1001 Indian School Road, 
NW., Albuquerque, New Mexico 87104, Telephone: (505) 563-3530; Fax: 
(505) 563-3060; or Ralph Gonzales, Office of Tribal Services, 1951 
Constitution Avenue, NW., Mail Stop 320-SIB, Washington, DC 20240, 
Telephone: (202) 513-7629.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Santa Ana Tribal Council approved 
amendments to its Liquor Ordinance by

[[Page 17904]]

Resolution No. 05-R-54 on November 15, 2005. The purpose of this 
Ordinance is to govern the sale, possession and distribution of alcohol 
within the Pueblo of Santa Ana Indian Reservation.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Principal Deputy Assistant 
Secretary--Indian Affairs. I certify that this Liquor Ordinance of the 
Pueblo of Santa Ana was duly adopted by the Tribal Council on November 
15, 2005.

    Dated: March 31, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.

The Pueblo of Santa Ana's Liquor Ordinance Reads as Follows

Title 10: Licensing & Regulation

Chapter One: Liquor Code

Subchapter One: General Provisions

Section 101: Findings
    The Tribal Council finds as follows:
    A. The introduction, possession and sale of alcoholic beverages on 
the Santa Ana Indian Reservation has, for a long time, been clearly 
recognized as a matter of special concern to the Pueblo and its members 
and to the United States;
    B. Under federal law and New Mexico state law, and as a matter of 
inherent Tribal sovereignty, the question of when and to what extent 
alcoholic beverages may be introduced into and sold or consumed within 
the Santa Ana Indian Reservation is to be decided by the governing body 
of the Tribe;
    C. It is desirable that the Tribal Council legislate 
comprehensively on the subject of the sale and possession of alcoholic 
beverages within the Santa Ana Indian Reservation, both to establish a 
consistent and reasonable Tribal policy on this important subject, as 
well as to facilitate economic development projects within the Santa 
Ana Indian Reservation that may involve outlets for the sale and 
consumption of alcoholic beverages; and
    D. It is the policy of the Tribal Council that the introduction, 
sale and consumption of alcoholic beverages within the Santa Ana Indian 
Reservation be carefully regulated so as to protect the public health, 
safety and welfare, and that licensees be made fully accountable for 
violations of conditions of their licenses and the consequences 
thereof.
Section 102: Definitions
    As used in this Chapter, the following words shall have the 
following meanings:
    A. ``Council'' means the Tribal Council of the Pueblo of Santa Ana.
    B. ``Development Area'' means those lands within the Santa Ana 
Indian Reservation that are situated west of the Rio Grande and that 
abut U.S. Highway 550, State Road 528 or the Jemez Canyon Dam Road, but 
does not include any lands within one mile of the intersection of U.S. 
Highway 550 and the turnoff to the village of Tamaya (provided, 
however, that if such term is more specifically defined in a planning 
or zoning statute or ordinance adopted by the Tribal Council, or in any 
regulations issued under the authority of any such duly adopted 
planning or zoning statute or ordinance, such definition shall 
supersede and control the definition of such term set forth herein).
    C. ``Governor'' means the Governor of the Pueblo of Santa Ana.
    D. ``Licensed Premises'' means the location within the Santa Ana 
Indian Reservation at which a licensee is permitted to sell and allow 
the consumption of alcoholic beverages, and may, if requested by the 
applicant and approved by the Governor, include any related or 
associated facilities under the control of the licensee, or within 
which the licensee is otherwise authorized to conduct business (but 
subject to any conditions or limitations as to sales within such area 
that may be imposed by the Governor in issuance of the license).
    E. ``Licensee'' means a person or entity that has been issued a 
license to sell alcoholic beverages on the licensed premises under the 
provision of this Liquor Code.
    F. ``Liquor'' or ``Alcoholic Beverage'' includes the four varieties 
of liquor commonly referred to as alcohol, spirits, wine and beer, and 
all fermented, spirituous, vinous or malt liquors or combinations 
thereof, mixed liquor, any part of which is fermented, spirituous, 
vinous, or malt liquor, or any otherwise intoxicating liquid, including 
every liquid or solid or semi-solid or other substance, patented or 
not, containing alcohol, spirits, wine or beer and intended for oral 
consumption.
    G. ``Liquor Code'' means the Santa Ana Pueblo Liquor Code, this 
Chapter.
    H. ``Person'' means any natural person, partnership, corporation, 
joint venture, association, or other legal entity.
    I. ``Pueblo'' or ``Tribe'' means the Pueblo of Santa Ana.
    J. ``Sale'' or ``sell'' means any exchange, barter, or other 
transfer of goods from one person to another for commercial purposes, 
whether with or without consideration.
    K. ``Santa Ana Indian Reservation'' means all lands within the 
exterior boundaries of the Santa Ana Indian Reservation, all lands 
within the exterior boundaries of the El Ranchito Grant and the Santa 
Ana Pueblo Grant, and all other lands owned by the Pueblo subject to 
federal law restrictions on alienation or held by the United States for 
the use and benefit of the Pueblo.
    L. ``Special Event'' means a bona fide special occasion such as a 
fair, fiesta, show, tournament, contest, meeting, picnic or similar 
event within the Development Area, sponsored by an established business 
or organization, lasting no more than three days. A special event may 
be open to the public or to a designated group, and it may be a one-
time event or periodic, provided, however, that such events held more 
than four times a year by the same business or organization may not be 
deemed special events for purposes of this Liquor Code, in the 
discretion of the Governor.
    M. ``Server'' means an individual who sells, serves or dispenses 
alcoholic beverages for consumption on or off licensed premises, 
including any person who manages, directs or controls the sale or 
service of alcohol.
    N. ``Tribal Administrator'' means the Tribal Administrator of the 
Pueblo of Santa Ana.
Section 103: Sovereign Immunity Preserved
    Nothing in the Liquor Code shall be construed as a waiver or 
limitation of the sovereign immunity of the Pueblo.
Section 104: Initial Compliance
    No person shall be disqualified from being issued a license under 
the provisions of this Liquor Code, or shall be found to have violated 
any provision of this Chapter, solely because such person, having been 
duly authorized to engage in the sale of alcoholic beverages within the 
Santa Ana Indian Reservation under the law as it existed prior to 
enactment of this Liquor Code, continues to engage in such business 
without a license issued under the provisions of this Liquor Code after 
the effective date hereof, so long as such person, within 90 days after 
such effective date (or within 30 days after receiving written notice 
from the Pueblo of the enactment of the Liquor Code, whichever is 
later) submits an application for such license in compliance with the 
provisions of this Liquor Code, and a license is thereafter issued in 
due course; provided, however, that upon the issuance of a license 
under the provisions of this Liquor Code to any person or entity, or

[[Page 17905]]

upon the rejection of an application for such license by any person or 
entity, no license issued by the State of New Mexico or issued under 
the provisions of any prior law of the Pueblo that is held by such 
person or entity, or that purports to authorize the possession, sale or 
consumption of alcoholic beverages on premises covered by a license 
issued (or a license application rejected) under the provisions of this 
Liquor Code, shall have any further validity or effect within the Santa 
Ana Indian Reservation.
Section 105: Severability
    In the event any provision of this Liquor Code is held invalid or 
unenforceable by any court of competent jurisdiction, the remainder of 
the Code shall continue in full force and effect, notwithstanding the 
invalidity or unenforceability of such provision, to the fullest extent 
practicable.

Subchapter Two: Sale, Possession and Consumption Of Alcoholic Beverages

Section 121: Prohibition
    The sale, introduction for sale, purchase, or other dealing in 
alcoholic beverages, except as is specifically authorized by the Liquor 
Code, is prohibited within the Santa Ana Indian Reservation.
Section 122: Possession For Personal Use
    Possession of alcoholic beverages for personal use shall be lawful 
within the Santa Ana Indian Reservation only if such alcoholic 
beverages were lawfully purchased from an establishment duly licensed 
to sell such beverages, whether on or off the Santa Ana Indian 
Reservation, and are possessed by a person or persons 21 years of age 
or older. Such possession is otherwise prohibited.
Section 123: Transportation Through Reservation Not Affected
    Nothing herein shall pertain to the otherwise lawful transportation 
of alcoholic beverages through the Santa Ana Indian Reservation by 
persons remaining upon public highways (or other areas paved for motor 
vehicles) and where such beverages are not delivered, sold or offered 
for sale to anyone within the Santa Ana Indian Reservation.
Section 124: Requirement of Pueblo License
    No person shall sell any alcoholic beverage within the Santa Ana 
Indian Reservation at retail, or offer any such beverage for sale at 
retail, unless such person holds a license issued by the Pueblo under 
the provisions of this Chapter.
Section 125: All Sales for Personal Use
    No person licensed to sell alcoholic beverages within the Santa Ana 
Indian Reservation shall sell any such beverage for resale, but all 
such sales shall be for the personal use of the purchaser. Nothing 
herein shall prohibit a duly licensed wholesale dealer in alcoholic 
beverages from selling and delivering such beverages to properly 
licensed retailers within the Santa Ana Indian Reservation, so long as 
such sales and deliveries are otherwise in conformity with the laws of 
the State of New Mexico and this Liquor Code.
Section 126: Package Sales and Sales of Liquor By The Drink Permitted
    Sales of alcoholic beverages on the Santa Ana Indian Reservation 
may be in package form or for consumption on the premises, or both, so 
long as the seller is properly licensed by the Pueblo to make sales of 
that type. No seller of alcoholic beverages shall permit any person to 
bring onto premises where liquor by the drink is authorized to be sold 
any alcoholic beverages purchased elsewhere, unless such person is 
otherwise licensed to possess or distribute such beverages on such 
premises.
Section 127: No Sales to Minors
    No alcoholic beverages may be sold within the Santa Ana Indian 
Reservation to persons under the age of 21 years.
Section 128: Hours and Days of Sale
    Alcoholic beverages may be sold, offered for sale or consumed on 
licensed premises within the Santa Ana Indian Reservation at such hours 
as are established by the Licensee, but provided that in no event shall 
any such sales or consumption occur between the hours of 2 a.m. and 7 
a.m. on any day.
Section 129: [Repealed]
Section 130: Other Prohibitions on Sales
    The Tribal Council may, by duly enacted resolution, establish other 
days on which or times at which sales or consumption of alcoholic 
beverages are not permitted within the Santa Ana Indian Reservation. 
The Council shall give notice of any such enactment promptly to all 
licensees within the Santa Ana Indian Reservation. In addition, the 
Governor of the Pueblo may, in the event of a bona fide emergency, and 
by written order, prohibit the sale of any alcoholic beverages within 
the Santa Ana Indian Reservation for a period of time not to exceed 48 
hours. The Governor shall give prompt notice of such emergency order to 
all licensees within the Santa Ana Indian Reservation. No such 
emergency order may extend beyond 48 hours, unless during that time the 
Tribal Council meets and determines that the emergency requires a 
further extension of such order.
Section 131: Location of Sales
    No person licensed to sell alcoholic beverages within the Santa Ana 
Indian Reservation shall make such sales except at the licensed 
premises specifically designated in such license. No person holding a 
premises license shall permit consumption of alcoholic beverages 
purchased from such licensee to occur off of the licensed premises.
Section 132: Sales to Be Made by Adults
    A. No person shall be employed as a server at a licensed premises 
unless within 30 days after such person's employment such person has 
obtained alcohol server training equivalent to that required under the 
laws of the State of New Mexico.
    B. No person shall be employed as a server at a licensed premises 
who is less than 21 years of age, except that a premises licensee that 
operates a restaurant or other facility that is held out to the public 
as a place where meals are prepared and served may employ persons 19 
years of age or older to sell or serve alcoholic beverages to persons 
who are also ordering food, provided that no person under the age of 21 
shall be employed as a bartender by any licensee within the Santa Ana 
Indian Reservation.
Section 133: All Sales Cash
    No licensee shall make any sale of any alcoholic beverages within 
the Santa Ana Indian Reservation without receiving payment therefor by 
cash, check or credit card at or about the time the sale is made; 
provided, that nothing herein shall preclude a licensee from receiving 
a delivery of alcoholic beverages from a duly authorized wholesaler 
where arrangements have been made to pay for such delivery at a 
different time; and provided further that nothing herein shall preclude 
a licensee from allowing a customer to purchase more than one alcoholic 
beverage in sequence, and to pay for all such purchases at the 
conclusion thereof, so long as payment is made in full before the 
customer has left the licensed premises; and provided further that 
nothing herein shall prevent a licensee from distributing alcoholic 
beverages to customers without charge, so long as such distribution is 
not

[[Page 17906]]

otherwise in violation of any provision of this Liquor Code.

Subchapter Three: Issuance of Licenses

Section 151: Requirement of License
    Any person who sells, offers for sale, stores or possesses for 
commercial purposes, or maintains premises for the consumption of 
alcoholic beverages within the Santa Ana Indian Reservation, must be 
duly licensed under the provisions of this Liquor Code.
Section 152: Classes of Licenses
    The following types or classes of licenses for the sale or 
distribution of alcoholic beverages within the Santa Ana Indian 
Reservation shall be permitted:
    A. Package license, which shall authorize the licensee to store, 
possess, sell and offer for sale alcoholic beverages in unopened 
containers, for consumption only off the licensed premises.
    B. Premises license, which shall authorize the licensee to store, 
possess and sell alcoholic beverages for consumption on the licensed 
premises only, and to permit such consumption on the licensed premises 
only, provided that such license when held by an inn or hotel shall 
also permit the licensee to stock any individual guest room with 
alcoholic beverages contained in a locked compartment, the key to which 
may be made available to the registered guest to whom such room is 
rented and who is 21 years of age or older.
    C. Special event license, which shall authorize the licensee to 
possess, distribute, sell and offer for sale alcoholic beverages for 
consumption only on the licensed premises, and to permit such 
consumption, but only for a bona fide special event, and only during 
the period or periods specified in such license, which period or 
periods shall be limited to the periods during which the special event 
is occurring and from beginning to end shall not exceed 72 hours.
Section 153: Qualifications for License
    A. No person shall be entitled to be issued a license under the 
provisions of this Liquor Code who has previously been the subject of 
any proceeding resulting in the revocation or the denial of a renewal 
of any license for the sale of alcoholic beverages issued by the Pueblo 
or by any state or other jurisdiction, or who has been convicted of any 
felony in any jurisdiction involving theft, corruption, dishonesty or 
embezzlement, or who has not at the time the application for license is 
submitted attained the age of 21 years, or who is otherwise determined 
by the Pueblo to be unfit to be licensed to sell alcoholic beverages, 
or whose spouse is a person not qualified to hold a license under the 
provisions of this section.
    B. No partnership or corporation shall be entitled to be issued a 
license under the provisions of this Liquor Code if any individual 
occupying any management or supervisory position within such 
corporation or partnership, or who sits on the management committee or 
board of directors or trustees thereof, or who holds or controls a 
financial interest of ten percent or more in such partnership or 
corporation, is a person who would not be entitled to be issued a 
license under the provisions of this section.
    C. No person shall be entitled to be issued a package or premises 
license hereunder unless such person has, by virtue of an approved 
lease or other valid interest in lands within the Santa Ana Indian 
Reservation, lawful entitlement to engage in a business within the 
Development Area with which such license would be compatible, and can 
demonstrate that such person is otherwise capable of complying with all 
of the requirements imposed on licensees by this Liquor Code.
    D. No application for a package or premises license shall be issued 
for any licensed premises outside of the Development Area.
    E. Notwithstanding anything in this section to the contrary, the 
Pueblo and its agencies, programs and enterprises shall be entitled to 
be issued licenses hereunder in appropriate circumstances, provided 
that all other provisions of this Liquor Code are complied with.
Section 154: Package and Premises License Application; Procedure; Fees
    A. Every person seeking a package or premises license under the 
provisions of this Liquor Code (other than the Pueblo or any of its 
agencies, programs or enterprises) shall submit to the Tribal 
Administrator a written application, under oath, in the form prescribed 
by and containing the information required by this section.
    B. If the applicant is a natural person, the application shall 
contain, at a minimum, all of the following information:
    1. The full legal name of the applicant, plus any other names under 
which the applicant has been known or done business during the previous 
20 years, and the applicant's date and place of birth, as shown by a 
certified copy of the applicant's birth certificate.
    2. The applicant's current legal residence address and business 
address, if any, and every residence address that the applicant has 
maintained during the previous ten years, with the dates during which 
each such address was current.
    3. The trade name, business address and description of every 
business in which the applicant has engaged or had any interest (other 
than stock ownership or partnership interest amounting to less than 
five percent of total capital) during the previous ten years, and the 
dates during which the applicant engaged in or held an interest in any 
such business.
    4. A listing of every other jurisdiction in which the applicant has 
ever applied for a license to sell or distribute alcoholic beverages, 
the date on which each such application was filed, the name of the 
regulatory agency with which the application was filed, the action 
taken on each such application, and if any such license was issued, the 
dates during which it remained in effect, and as to each such license a 
statement whether any action was ever taken by the regulatory body to 
suspend or revoke such license, with full dates and details of any such 
incident.
    5. A listing of every crime with which the applicant has ever been 
charged, other than routine traffic offenses (but including any charge 
of driving while intoxicated or the like), giving as to each the date 
on which the charge was made, the location, the jurisdiction, the court 
in which the matter was heard, and the outcome or ultimate disposition 
thereof.
    6. The name and address of every person or entity holding any 
security interest in any of the assets of the business to be conducted 
by the applicant, or in any of the proceeds of such business.
    7. A detailed plat of the business premises within the Development 
Area, including the floor plans of any structure and the details of any 
exterior areas intended to be part of the licensed premises, together 
with evidence of the applicant's right to conduct business on such 
premises.
    8. A detailed description of the business conducted or intended to 
be conducted on the licensed premises, and including (but not limited 
to) hours of operation and number of employees.
    9. The type(s) of license(s) requested.
    C. If the applicant is a corporation, the corporation, each officer 
of the corporation and every person holding 10% or more of the 
outstanding stock in the corporation shall submit an application 
complying with the provisions of paragraph B of this section, and in 
addition, the applicant shall also submit the following:
    1. A certified copy of its Articles of Incorporation and Bylaws.

[[Page 17907]]

    2. The names and addresses of all officers and directors and those 
stockholders owning 5% or more of the voting stock of the corporation 
and the amount of stock held by each such stockholder.
    3. The name of the resident agent of the corporation who would be 
authorized to accept service of process, including orders and notices 
issued by the Pueblo, and who will have principal supervisory 
responsibility for the business to be conducted on the licensed 
premises.
    4. Such additional information regarding the corporation as the 
Tribal Administrator may require to assure a full disclosure of the 
corporation's structure and financial responsibility.
    D. If the applicant is a partnership, the partnership, the managing 
partner and every partner having an interest amounting to 10% or more 
of the total equity interest in the partnership shall submit applicants 
complying with the provisions of paragraph B of this section, and in 
addition, the applicant shall submit the following:
    1. A certified copy of the Partnership Agreement.
    2. The names and addresses of all general partners and of all 
limited partners contributing 10% or more of the total value of 
contributions made to the limited partnership or who are entitled to 
10% or more of any distributions of the limited partnership.
    3. The name and address of the partner, or other agent of the 
partnership, authorized to accept service of process, including orders 
and notices issued by the Pueblo, and who will have principal 
supervisory responsibility for the business to be conducted in the 
licensed premises.
    4. Such additional information regarding the partnership as the 
Tribal Administrator may require to assure a full disclosure of the 
partnership's structure and financial responsibility.
    E. Every applicant who is a natural person, and every person 
required by paragraphs C or D of this section to comply with the 
provisions of paragraph B, shall also submit with the application a 
complete set of fingerprints, taken under the supervision of and 
certified to by an officer of an authorized law enforcement agency 
located within the State of New Mexico.
    F. Every applicant for either a package license or a premises 
license shall submit with the completed license application a non-
refundable license processing fee, in the amount set forth below:

Package license--$5,000.00
Premises license--$1,000.00

    In addition, each applicant shall pay a fee to cover the cost of a 
background investigation of each individual for whom such investigation 
must be undertaken in connection with the application, in an amount to 
be set by the tribal administration from time to time.
    G. Upon receiving a completed license application together with the 
required fee, the Tribal Administrator shall cause a background 
investigation to be performed of the applicant, to determine whether 
the applicant is qualified to be licensed under the provisions of this 
Liquor Code. Upon the written recommendation of the Tribal 
Administrator (if requested by the applicant), the Governor may, in his 
discretion, issue a preliminary license to the applicant effective for 
a period of no more than 90 days, but which shall be renewable for one 
additional period of 90 days in the event the background investigation 
cannot be completed within the first 90-day period; provided, however, 
that in no event shall the issuance of a preliminary license, or the 
renewal of such license for an additional 90-day period, entitle the 
applicant to favorable consideration with respect to the application 
for a package or premises license.
    H. The Pueblo or any of its agencies, programs or enterprises may 
apply for a package or premises license by submitting an application to 
the Tribal Administrator identifying the applicant, describing in 
detail the purpose of the license, including a detailed description of 
the proposed licensed premises, and including the appropriate fee as 
set forth in paragraph F of this section.
Section 155: Issuance of License
    A. Upon making a determination that an applicant for a package or 
premises license satisfies the requirements of Section 153 of this 
chapter, the Governor shall issue the license, authorizing the 
applicant to engage in sales of alcoholic beverages within the Santa 
Ana Indian Reservation as permitted by the class of license applied 
for, and specifying in detail the licensed premises where such sales 
are permitted (which shall be within the Development Area), but subject 
also to all the terms and conditions of this Liquor Code, and to such 
other appropriate conditions, not inconsistent with the provisions of 
this Liquor Code, as the Governor may deem reasonable and necessary 
under the circumstances.
    B. In the event the Governor concludes that the applicant does not 
satisfy the requirements of Section 153 of this chapter, the Governor 
shall issue a notice denying the application, and explaining the basis 
for such denial.
    C. Any applicant whose application is denied shall have the right 
to appeal such denial, by filing a Notice of Appeal with the Office of 
the Governor and with the Santa Ana Tribal Court, within 30 days of the 
date of receipt of the Notice of Denial. Upon receiving a copy of a 
Notice of Appeal, the Governor's office shall prepare a copy of the 
entire file pertaining to the application and shall transmit it to the 
Tribal Court, with a copy to the applicant. The Pueblo, represented by 
the Pueblo's attorney, shall appear in the action in the Tribal Court. 
The proceedings in the Tribal Court shall be based upon the information 
submitted to the Governor by the applicant and any other information 
obtained by the Governor in the course of processing the application, 
except that the applicant shall be permitted to submit additional 
evidence to rebut or explain information relied on by the Governor for 
his denial of the application that was not obtained from the applicant. 
The Tribal Court shall affirm the Governor's decision unless it finds 
that the Governor acted arbitrarily or capriciously or otherwise abused 
his discretion in making his determination.
    D. Any party that is aggrieved by the decision of the Tribal Court 
may petition the Tribal Council to review the Tribal Court decision, in 
writing, within 30 days after issuance of the Tribal Court decision. 
The petition shall set forth the specific grounds on which the 
petitioner claims the Tribal Court erred in its decision, and why its 
decision should be reviewed, and shall be served on the Governor and 
all parties. The prevailing party may submit a response to the petition 
within 15 days of service of the petition. The Governor shall place the 
petition on the agenda of the next Tribal Council meeting after service 
of the response (or the expiration of the 15-day period, if no response 
is filed), and the Tribal Council shall, at such meeting, decide 
whether to hear the petition. In the event the Tribal Council decides 
to hear the petition, the Governor shall notify all parties of that 
decision, and of the date on which the Tribal Council shall consider 
the matter. The Governor shall provide each Tribal Council member with 
a copy of the Tribal Court decision, the petition for Tribal Council 
review and the response, if any, and the complete record before the 
Tribal Court shall be available for inspection by any Tribal Council 
member. The Tribal Council shall hear each party's representative 
present its arguments, and shall decide by majority vote whether a 
license should be issued to the applicant. The Tribal Council's

[[Page 17908]]

decision shall be final and nonreviewable.
Section 156: Term; Renewal; Fee
    A. Each package or premises license issued hereunder shall have a 
term of one (1) year from the date of issuance, provided that such 
license shall be renewable for additional periods of one year each by 
any licensee who has complied fully with the terms and provisions of 
the license and of this Liquor Code during the term of the license, and 
who remains fully qualified to be licensed under the provisions of 
Section 153 of this Chapter, upon payment to the Pueblo of a license 
renewal fee in the amount of the initial application fee, and 
submission of an application for renewal on a form specified by the 
Tribal Administrator, no less than thirty (30) days prior to the 
expiration date of the license. The failure to submit timely renewal 
application, with the required fee, may subject the licensee to a late 
charge of $500.00. If the renewal application is not submitted prior to 
expiration of the license, the Tribal Administrator may treat the 
license as having expired, and may require the licensee to file a new 
application in compliance with Section 154 of this chapter.
    B. Upon receipt of an application for renewal of a license, the 
Governor shall undertake to determine whether the licensee has 
conducted its operations in compliance with the provisions of this 
Code, and is otherwise qualified to be licensed. In the event the 
Governor receives information indicating that the licensee has not 
complied with the provisions of this Code or is otherwise not qualified 
to be licensed hereunder, the Governor shall deny the application for 
renewal, giving the licensee written notice thereof with a statement of 
the reasons for such denial.
    C. A licensee may appeal a denial of an application for renewal of 
its license, by filing a Notice of Appeal with the Office of the 
Governor and with the Santa Ana Tribal Court, within 30 days of receipt 
of the Notice of Denial of the application for renewal. Upon receiving 
the Notice of Appeal, the Governor's office shall prepare a complete 
copy of the entire file pertaining to the application and shall 
transmit it to the Tribal Court, with a copy to the applicant. The 
Pueblo, represented by the Pueblo's attorney, shall appear in the 
action in the Tribal Court. The proceedings in the Tribal Court shall 
be based upon the information submitted to the Governor by the licensee 
and any other information obtained by the Governor in the course of 
processing the application, except that the licensee shall be permitted 
to submit additional evidence to rebut or explain information relied on 
by the Governor for his denial of the application that was not obtained 
from the licensee. The licensee may apply to the Tribal Court for an 
order maintaining the license in effect during the pendency of the 
appeal, but in the absence of such order, the license shall expire at 
the end of its term. The Tribal Court shall affirm the Governor's 
decision unless it finds that the Governor acted arbitrarily or 
capriciously or otherwise abused his discretion in making his 
determination.
    D. Any party that is aggrieved by the decision of the Tribal Court 
may petition the Tribal Council to review the Tribal Court decision, in 
writing, within 30 days after issuance of the Tribal Court decision. 
The petition shall set forth the specific grounds on which the 
petitioner claims the Tribal Court erred in its decision, and why its 
decision should be reviewed, and shall be served on the Governor and 
all parties. The prevailing party may submit a response to the petition 
within 15 days of service of the petition. The Governor shall place the 
petition on the agenda of the next Tribal Council meeting after service 
of the response (or the expiration of the 15-day period, if no response 
is filed), and the Tribal Council shall, at such meeting, decide 
whether to hear the petition. In the event the Tribal Council decides 
to hear the petition, the Governor shall notify all parties of that 
decision, and of the date on which the Tribal Council shall consider 
the matter. The Governor shall provide each Tribal Council member with 
a copy of the Tribal Court decision, the petition for Tribal Council 
review and the response, if any, and the complete record before the 
Tribal Court shall be available for inspection by any Tribal Council 
member. The Tribal Council shall hear each party's representative 
present its arguments, and shall decide by majority vote whether the 
license should be renewed. The Tribal Council's decision shall be final 
and nonreviewable.
Section 157: Conditions of License
    No licensee shall have any property interest in any license issued 
under the provisions of this Liquor Code, and every such license shall 
be deemed to confer a privilege, revocable by the Pueblo in accordance 
with the provisions of this Chapter. The continued validity of every 
package and premises license issued hereunder shall be dependent upon 
the following conditions:
    A. Every representation made by the licensee and any of its 
officers, directors, shareholders, partners or other persons required 
to submit information in support of the application, shall have been 
true at the time such information was submitted, and shall continue to 
be true, except to the extent the licensee advises the Tribal 
Administrator in writing of any change in any such information, and 
notwithstanding any such change, the licensee shall continue to be 
qualified to be licensed under the provisions of this Liquor Code.
    B. The licensee shall at all times conduct its business on the 
Santa Ana Indian Reservation in full compliance with the provisions of 
this Liquor Code and with the other laws of the Pueblo.
    C. The licensee shall maintain in force, public liability insurance 
covering the licensed premises, insuring the licensee and the Pueblo 
against any claims, losses or liability whatsoever for any acts or 
omissions of the licensee or of any business invitee on the licensed 
premises resulting in injury, loss or damage to any other party, with 
coverage limits of at least $1 million per injured person, and the 
Tribal Administrator shall at all times have written evidence of the 
continued existence of such policy of insurance.
    D. The licensee shall continue to have authority to engage in 
business within the Development Area, and shall have paid all required 
rentals, assessments, taxes, or other payments due the Pueblo.
    E. The business conducted on the licensed premises shall be 
conducted by the licensee or its employees directly, and shall not be 
conducted by any lessee, sublessee, assignee or other transferee, nor 
shall any license or any interest therein be sold, assigned, leased or 
otherwise transferred to any other person.
    F. All alcoholic beverages sold on the licensed premises shall have 
been obtained from a New Mexico licensed wholesaler.
    G. The licensee shall submit to the jurisdiction of the Tribal 
Court of the Pueblo with respect to any action brought by the Pueblo or 
any of its agencies or officials to enforce the provisions of this 
Liquor Code.
Section 158: Sanctions for Violation of License
    A. Upon determining that any person licensed by the Pueblo to sell 
alcoholic beverages under the provisions of this chapter is for any 
reason no longer qualified to hold such license under the provisions of 
Section 153 hereof, or has violated any of the conditions set forth in 
Section 157, the Governor shall immediately serve written notice upon 
such licensee directing that he show cause within ten (10) calendar 
days why

[[Page 17909]]

his license should not be suspended or revoked, or a fine imposed. The 
notice shall specify the precise grounds relied upon and the action 
proposed.
    B. If the licensee fails to respond to such notice within ten (10) 
calendar days of service of such notice, the Governor shall issue an 
order suspending the license for such period as the Governor deems 
appropriate, or revoking the license, effective immediately, or 
imposing a fine, in such amount as the Governor deems reasonable. If 
the licensee, within the 10-day period, files with the Office of the 
Governor a written response and request for a hearing before the Santa 
Ana Tribal Court, such hearing shall be set no later than thirty (30) 
calendar days after receipt of such request.
    C. At the hearing, the licensee, who may be represented by counsel, 
shall present evidence and argument directed at the issue of whether or 
not the asserted grounds for the proposed action are in fact true, and 
whether such grounds justify such action. The Pueblo may present such 
other evidence as it deems appropriate.
    D. The court after considering all of the evidence and arguments 
shall issue a written decision either upholding the proposed action of 
the Governor, modifying such action by imposing some lesser penalty, or 
ruling in favor of the licensee, and such decision shall be final and 
conclusive.
Section 159: Special Event License
    A. Any person authorized to conduct business within the Development 
Area, or any established organization (including any agency, department 
or enterprise of the Pueblo) that includes any member of the Pueblo and 
that has authority to conduct any activities within the Santa Ana 
Indian Reservation, that is not a licensee hereunder and that has not 
had an application for a license rejected, may apply to the Tribal 
Administrator for a special event license, which shall entitle the 
applicant to distribute alcoholic beverages, whether or not for 
consideration, in connection with a bona fide special event to be held 
by the applicant within the Development Area. Any such application must 
be filed in writing, in a form prescribed by the Tribal Administrator, 
no later than ten (10) calendar days prior to the event, and must be 
accompanied by a fee in the amount of $10.00, and must contain at least 
the following information:
    1. The exact days and times during which the event will occur 
(provided, that in no event shall any license be in effect for a period 
exceeding 72 hours, from the beginning of the first day of the event 
until the end of the last day);
    2. The precise location within the Development Area where the event 
will occur, and where alcoholic beverages will be distributed;
    3. The nature and purpose of the event, and the identity or 
categories of persons who are invited to participate;
    4. The nature of any food and beverages to be distributed, and the 
manner in which such distribution shall occur;
    5. Details of all provisions made by the applicant for sanitation, 
security and other measures to protect the health and welfare of 
participants at the event;
    6. Certification that the event will be covered by a policy of 
public liability insurance as described in Section 157(C) of this 
Liquor Code, that includes the Pueblo as a co-insured, or that the 
applicant will indemnify the Pueblo and hold it harmless from any 
claims, demands, liability or expense as a result of the act or 
omission of any person in connection with the special event, in which 
latter case the Tribal Administrator or Governor may require a bond to 
ensure compliance with such indemnification provision.
    7. Any other information required by the Tribal Administrator 
relative to the event.
    B. The Tribal Administrator, or the Governor, shall act to approve 
or reject the application no later than three days following submission 
of the application with the required fee. If the application is 
approved, the Tribal Administrator or the Governor shall issue the 
license, which shall specify the hours during which and the premises 
within which sales, distribution and consumption of alcoholic beverages 
may occur. If any application is rejected, the rejection shall indicate 
the grounds therefor, and the applicant shall be entitled to file a new 
application correcting any deficiencies or problems found in the 
original application that warranted the rejection.
    C. Alcoholic beverages may be sold or distributed pursuant to a 
special event license only at the location and during the hours 
specified in such license, in connection with the special event, only 
to participants in such special event, and only for consumption on the 
premises described in the license. Such sales or distribution must 
comply with any conditions imposed by the license, and with all other 
applicable provisions of this Liquor Code. All such alcoholic beverages 
must have been obtained from a New Mexico licensed wholesaler or 
retailer.
Section 160: Display of License
    Every person licensed by the Pueblo to sell alcoholic beverages 
within the Santa Ana Indian Reservation shall prominently display the 
license on the licensed premises during hours of operation.

Subchapter Four: Offenses

Section 181: Purchase From or Sale to Unauthorized Persons
    Within the Santa Ana Indian Reservation, no person shall purchase 
any alcoholic beverage at retail except from a person licensed by the 
Pueblo under the provisions of this title; no person except a person 
licensed by the Pueblo under the provisions of this title shall sell 
any alcoholic beverage at retail; nor shall any person sell any 
alcoholic beverage for resale to any person other than a person 
properly licensed by the Pueblo under the provisions of this title.
Section 182: Sale to Minors
    A. No person shall sell or serve any alcoholic beverage to any 
person under the age of 21 years.
    B. It shall be a defense to an alleged violation of this Section 
that the purchaser presented to the seller or server an apparently 
valid identification document showing the purchaser's age to be 21 
years or older, provided that the seller or server, as the case may be, 
had no actual or constructive knowledge of the falsity of the 
identification document, and relied in good faith on its apparent 
validity.
Section 183: Purchase by Minor
    No person under the age of 21 years shall purchase, attempt to 
purchase or possess any alcoholic beverage.
Section 184: Sale to an Intoxicated Person
    No person shall sell any alcoholic beverage to a person who the 
seller has reason to believe is intoxicated or who the seller has 
reason to believe intends to provide such alcoholic beverage to an 
intoxicated person.
Section 185: Purchase by an Intoxicated Person
    No intoxicated person shall purchase any alcoholic beverage.
Section 186: Drinking in Public Places
    No person shall consume any alcoholic beverage in any public place 
within the Santa Ana Indian Reservation except on premises licensed by 
the Pueblo for the sale of alcoholic beverages by the drink.

[[Page 17910]]

Section 187: Bringing Liquor Onto Licensed Premises
    No person shall bring any alcoholic beverage for personal 
consumption onto any premises within the Santa Ana Indian Reservation 
where liquor is authorized to be sold by the drink, unless such 
beverage was purchased on such premises, or unless the possession or 
distribution of such beverages on such premises is otherwise licensed 
under the provisions of this Liquor Code.
Section 188: Open Containers Prohibited
    No person shall have an open container of any alcoholic beverage in 
a public place, other than on premises licensed for the sale of 
alcoholic beverages by the drink, or in any automobile, whether moving 
or standing still. This Section shall not apply to empty containers 
such as aluminum cans or glass bottles collected for recycling.
Section 189: Use of False or Altered Identification
    No person shall purchase or attempt to purchase any alcoholic 
beverage by the use of any false or altered identification document 
that falsely purports to show the individual to be 21 years of age or 
older.
Section 190: Penalties
    A. Any person convicted of committing any violation of this Chapter 
shall be subject to punishment of up to one (1) year imprisonment or a 
fine not to exceed Five Thousand Dollars ($5,000.00), or to both such 
imprisonment and fine.
    B. Any person not a member of the Pueblo, upon committing any 
violation of any provision of this Chapter, may be subject to a civil 
action for trespass, and upon having been determined by the court to 
have committed the alleged violation, shall be found to have trespassed 
upon the lands of the Pueblo, and shall be assessed such damages as the 
court deems appropriate in the circumstances.
    C. Any person suspected of having violated any provision of this 
Chapter shall, in addition to any other penalty imposed hereunder, be 
required to surrender any alcoholic beverages in such person's 
possession to the officer making the arrest or issuing the complaint.
Section 191: Jurisdiction
    Any and all actions, whether civil or criminal, pertaining to 
alleged violations of this title, or seeking any relief against the 
Pueblo or any officer or employee of the Pueblo with respect to any 
matter addressed by this Liquor Code, shall be brought in the Tribal 
Court of the Pueblo, which court shall have exclusive jurisdiction 
thereof.

 [FR Doc. E6-5045 Filed 4-6-06; 8:45 am]
BILLING CODE 4310-4J-P